Maine Durable Power of Attorney Form

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A Maine Durable Power of Attorney Form is designed to give the Attorney-in-Fact power to make decisions on behalf of the Principal, even if the Principal is declared incapacitated. These kinds of agreements are usually Springing, and will therefore only go into effect once the Principal has been declared incapacitated, but this will have to be declared in the agreement itself.

In Maine, if the Attorney-in-Fact is the Principal’s spouse and they get a divorce, the Power of Attorney agreement will automatically be terminated. While it is usually a good idea for a Principal to get a new Attorney-in-Fact after a divorce, if the Principal wishes their former spouse to retain their Power of Attorney, for whatever reason, they will need to draft and sign a new Power of Attorney Agreement.

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